Constitutional Deliberation in Congress: The Impact of Judicial Review in a Separated SystemDuke University Press, 17. maj 2004 - 187 sider In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates. Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny. |
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... constitutionality ; and he knew the opposition the bill would face in Congress " ( Braeman 1964 , 23 ) . The constitutionality of the bill was a contentious issue from the time it was introduced in 1906 until it was eventually passed in ...
... constitutionality was an important consideration in Congress when legislation was drafted and con- sidered . For example , a former Democratic member of the Senate Judiciary Committee , who is regarded as a liberal , said that ...
... constitutionality , even though it is possible that constitutional prob- lems were never considered originally or that amendments to existing law might create new constitutional problems . While some of those quoted above believed that ...
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Constitutional Deliberation in Congress: The Impact of Judicial Review in a ... J. Mitchell Pickerill Ingen forhåndsvisning - 2004 |